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<section number="13A-102" name="Definitions" law="code" slug="sec-13a-102" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13ALACO_DIV1COBAGE_S13A-102DE">
  <text>In this Subtitle the following words shall have the meaning indicated.</text>
  <level label="a">
    <text>Arbitration means a procedure by which parties who are unable to agree on a solution to a problem, and whose subject matter is covered by Division 1 of this Subtitle, shall submit the dispute to a third party.</text>
  </level>
  <level label="b">
    <text>Appropriate unit means a group of employees for whom a labor organization may be certified as the exclusive bargaining representative pursuant to Section 13A-106.</text>
  </level>
  <level label="c">
    <text>Certification means official recognition by Prince George's County, Maryland that a labor organization is, and shall remain, the exclusive representative for all of the employees in an appropriate bargaining unit for the purpose of collective bargaining, until it is replaced by another labor organization, decertified, or dissolves.</text>
  </level>
  <level label="d">
    <text>Charter means the Prince George's County Charter adopted on November 3, 1970.</text>
  </level>
  <level label="e">
    <text>County means the Prince George's County, Maryland.</text>
  </level>
  <level label="f">
    <text>County Council means the legislative branch of the County Government.</text>
  </level>
  <level label="g">
    <text>Director means the Director of the County Office of Human Resources Management, or the Director's designee.</text>
  </level>
  <level label="h">
    <text>Employee means any person whose salary and/or job description is determined in whole or in part by the County, but shall not include elected officials, management level employees, confidential employees, and officials appointed pursuant to law to a policy-making position. An individual shall continue to be an employee within the meaning of this law even if his work has ceased as a consequence of, or in connection with, any unfair labor practice. In addition, the term employee shall include also such individuals to whom the coverage of this law is extended pursuant to Section 13A-116 herein.</text>
  </level>
  <level label="i">
    <text>Employer means the County Executive and any individual who represents him or acts in his interests in dealing with employees, or any governmental body operating within the County which elects to have the definition of employee contained in Section 13A-102(h) herein extended to include its employees pursuant to Section 13A-116 herein, or any person acting as an agent of said governmental body.</text>
  </level>
  <level label="j">
    <text>Impartial agency means any of the following or other similar organizations: The American Arbitration Association, The Federal Mediation and Conciliation Service, (FMCS) The State of Maryland Department of Labor, Licensing and Regulation, Division of Labor and Industry, The National Center for Dispute Settlement, and The U.S. Department of Labor.</text>
  </level>
  <level label="k">
    <text>Impasse means the failure of the employer and the exclusive representative to reach a collective bargaining agreement despite good faith efforts to do so.</text>
  </level>
  <level label="l">
    <text>Intervener means a labor organization that has complied with the provisions of Division 1 of this Subtitle that permit it to be included with the petitioning employee organization as one of the choices on the ballot in a representation election.</text>
  </level>
  <level label="m">
    <text>Labor organization means any labor union or other organization in which employees participate and which has as one of its purposes the representation of employees concerning wages, hours, or other terms and conditions of employment, but shall not include any organization which unlawfully engages in discrimination with regard to race, color, religion, sex, sexual orientation, age, disability, or national origin.</text>
  </level>
  <level label="n">
    <text>Management level employee means any individual who is involved directly in the determination of policy or who responsibly directs the implementation thereof.</text>
  </level>
  <level label="o">
    <text>Mediation means the process by which the parties to an impasse seek to reconcile their differences through the services of a third party. The third party will act as an intermediary in bringing the parties together and will actively seek to assist the parties in reaching a settlement by making suggestions, providing background information, and noting avenues open to the parties for settlement.</text>
  </level>
  <level label="p">
    <text>Person means one or more individuals, labor organizations, employers, employees, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.</text>
  </level>
  <level label="q">
    <text>Professional employee means any employee whose work:</text>
  </level>
  <level label="r">
    <text>State, in Division 1 of this Subtitle, shall mean the State of Maryland Department of Labor, Licensing and Regulation, Division of Labor and Industry.</text>
  </level>
  <level label="s">
    <text>Strike means the failure by concerted action with others to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, or in any manner interfering with the operation of any public employer, for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment.</text>
  </level>
  <level label="t">
    <text>Supervisor means any individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or responsibly to direct them; or to adjust their grievances; or effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment; provided, however, that the exercise of any single function of authority enumerated above shall not necessarily require the conclusion that the individual so exercising that function is a supervisor within the meaning of this law.</text>
  </level>
</section>
